Exemption Determination for Activities Listed at 24 CFR 58.34

Exemption Determination for Activities Listed at 24 CFR §58.34

Grant Recipient: Project Name:

Project Description (Include all actions which are either geographically or functionally related):

Location:

Funding Source: CDBG HOME ESG HOPWA EDI Capital Fund Operating Subsidy Hope VI Other

Estimated Funding Amount: Grant Number:

I have reviewed and determined that the abovementioned project is Exempt per 24 CFR §58.34 as follows:

/ 58.34(1). Environmental & other studies, resource identification & the development of plans & strategies; /
58.34(2) Information and financial services;
58.34 (3) Administrative and management activities;
58.34(4) Public services that will not have a physical impact or result in any physical changes, including but not limited to services concerned with employment, crime prevention, child care, health, drug abuse, education, counseling, energy conservation and welfare or recreational needs;
58.34(5) Inspections and testing of properties for hazards or defects;
58.34(6) Purchase of insurance;
58.34(7) Purchase of tools;
58.34 (8) Engineering or design costs;
58.34(9) Technical assistance and training;
58.34(10) Assistance for temporary or permanent improvements that do not alter environmental conditions and are limited to protection, repair, or restoration activities necessary only to control or arrest the effects from disasters or imminent threats to public safety including those resulting from physical deterioration;
58.34(11) Payment of principal and interest on loans made or obligations guaranteed by HUD;
58.34(12) Any of the categorical exclusions listed in §58.35(a) provided that there are no circumstances that require compliance with any other Federal laws and authorities cited in §58.5.

The responsible entity must also complete and attach the 58.6 Compliance Checklist. By signing below the Responsible Entity officially determines in writing that all activities covered by this determination are Exempt and meets the conditions specified for such exemption under section 24 CFR §58.34. This document must be maintained in the ERR.

AUTHORIZED RESPONSIBLE ENTITY OFFICIAL:

Authorized Responsible Entity Signature Date

Authorized Responsible Entity Name (printed) Title (printed)

Sample Pre-Agreement Request

date

Ms. Suzanne Barnard

Director, Texas CDBG Program

P.O. Box 12847

Austin, Texas 78711-2847

Re: Pre-Agreement Cost Approval for XYZ County Disaster Relief Fund Application

Dear Ms. Barnard:

This is to notify the Texas Department of Agriculture, Texas Community Development Block Grant (TxCDBG) Program that XYZ County intends to proceed with its 2015 Disaster Relief Fund application project for (project description) per the pre-agreement costs stratagem. As a condition of this pre-agreement XYZ County acknowledges and agrees to the following:

1. All applicable state and federal laws, including procurement procedures for professional services and applicable vendors; all applicable TxCDBG policies and procedures, including a completed Environmental Assessment necessary for the Release of Funds (for construction activities) by TxCDBG, acquisition requirements, approval of plans and specifications as regulated by the Texas Commission on Environmental Quality (TCEQ), Davis-Bacon wage requirements, and any applicable contract Special Conditions.

2. The Department shall not reimburse any costs under this agreement until a 2015 Disaster Relief Fund contract is fully executed with XYZ County. Department shall not be liable for costs incurred prior to date of disaster event, or for any activities not included in Exhibit A, Performance Statement, and Exhibit B, Budget, of the executed contract associated with the 2015 grant.

Sincerely,

XYZ County Judge

XYZ County, Texas

Sample Waiver of Procurement Request Letter

April 21, 2015

Ms. Suzanne Barnard

Director, Texas CDBG Program

Texas Department of Agriculture

P O Box 12847

Austin, Texas 78711-2847

RE: Pending 2015 TxCDBG Contract – Disaster Relief Grant for XYZ County

Dear Ms. Barnard:

The ABC Water Supply Corporation serving the XYZ Estates Colonia is experiencing a shortage of water as Water Well #1 pumping capacity has been drastically reduced due to the ongoing pervasive drought conditions. The ABC Water Supply reported to TCEQ on March 27, 2015 that it is at level P Priority and has less than or equal to a 90 day supply of water. According to the TCEQ’s list of Texas Public Water Systems Limiting Water Use to Avoid Shortages, updated March 27, 2015, this water supply system is listed at Priority P, Level 2.

XYZ County proposes to resolve this situation for the Windmill Water Supply Corporation by the drilling of a new well. XYZ County is eager to start construction as soon as possible to ensure adequate water supply for the residents of XYZ Estates. The shortage of potable water has resulted in substantial risks to the community's health, economy, and quality of life.

In order to expedite startup of this project, XYZ County is requesting the use of non-competitive process in procuring professional services, construction services, materials, and other items necessary for the implementation of the County’s contract activities. This request is based on 2 CFR §200.320 (f)(2) Methods of procurement to be followed

(f) Procurement by noncompetitive proposals. Procurement by noncompetitive proposals is procurement through solicitation of a proposal from only one source and may be used,,, when…:

(2) The public exigency or emergency for the requirement will not permit a delay resulting from competitive solicitation.

Please inform XYZ County of TDA’s decision as soon as possible, as XYZ County is ready to work on this project and resolve the concern for XYZ Estates residents and the ABC Water Supply Corporation. If you have any questions, please feel free to contact my office at (XXX) XXX-XXXX.

Sincerely,

XYZ County Judge

XYZ County, Texas